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1995 Supreme(AP) 238

D.H.NASIR, M.N.RAO
K. Krishnan – Appellant
Versus
Tirumala Tirupati Devasthanams – Respondent


M. N. RAO, J.

( 1 ) THE appeal - A. S. No. 462 of 1991 - and the two civil revision petitions -C. R. P. Nos. l291 and 1292 of 1991-areinter-connected and so they are disposed of by this common judgment.

( 2 ) THE appeal, by the six defendants, is from the judgment and decree of the learned Additional Subordinate Judge, Tirupati in O. S. No. l46 of l987 granting a declaration that the suit land admeasuring Ac. 2-73 cents in T. S. No. 4042 corresponding to old Survey No. 405 is a religious inam i. e. , devadayam granted in favour of the kurathalwar Devasthanams situated in Sri Govindarajaswamy temple, Tirupati, for its support, which was subsequently, by operation of law, vested in the Tirumala Tirupati Devasthanams, the first respondent-plaintiff. The trial Court also held that the appellants should deliver vacant possession of the plaint schedule property to the plaintiff and that the plaintiff could seek eviction only by taking recourse to Sections 83 and 84 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (Act 30 of 1987) (for short "the Act" ).

( 3 ) THE case of the Tirumala Tirupati Devasthanams is that they are the absolute owners of the




































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